In Re the Marrage of Miles

362 N.E.2d 171, 173 Ind. App. 5, 1977 Ind. App. LEXIS 817
CourtIndiana Court of Appeals
DecidedApril 26, 1977
Docket3-875A177
StatusPublished
Cited by74 cases

This text of 362 N.E.2d 171 (In Re the Marrage of Miles) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marrage of Miles, 362 N.E.2d 171, 173 Ind. App. 5, 1977 Ind. App. LEXIS 817 (Ind. Ct. App. 1977).

Opinions

Garrard, J.

This was an action for dissolution of marriage. The wife appeals from the court’s decision as to division of property alleging that the judgment does not conform to the findings and conclusions entered by the court pursuant to Indiana Rules of Procedure, Trial Rule 52(A), and that under the evidence the division made was an abuse of discretion. We affirm.

Following trial and pursuant to a proper request under TR. 52(A), the court under the caption “Findings of Fact” entered seventeen (17) separately numbered findings relating to the evidence heard at trial. None of these findings have been expressly attacked on appeal, and the transcript discloses evidence to support each of them.

Following these seventeen paragraphs under the caption “Conclusions of Law” the court entered the following:

“1. The marriage • of the- parties is irretrievably broken and ought to be dissolved.
[7]*72. Because of the long-term marriage of the parties, the fact that their children are all emancipated, that they are both in reasonably good health and' are gainfully employed, a division of their property should be made between them on an equal basis, with proper regard for the substantial contribution made by . the wife from out of her inheritance, over and above what otherwise would be an equal division thereof, with further regard being given to Husband’s present support delinquency.”

The court then entered judgment dissolving the marriage and distributing the specific assets of the parties. Personal assets valued at $3410 were distributed to the wife, and the husband was awarded personal assets valued at $3275. The residence which the parties had owned as' tenants by the entireties was awarded to them equally as tenants in common. It was subject to a mortgage with an unpaid balance of approximately $15,000, but there existed prepayment on the account of approximately $1800. In addition the court awarded to the wife all interest in a parcel of real estate inherited from her father which had been sold under a conditional sale contract. The outstanding balance of the purchase price under this contract was approximately $5700.

In findings numbered 7, 8, 9 and 13 the court determined that when the wife’s father died the balance owed on the land contract had been approximately $8000 and that $4500 of the principal and interest subsequently received :by' the wife had been applied to the mortgage payments on the residence. In these findings the court determined that the wife had also received an additional $11,852 from this estate and life insurance. Of this, $1350 had been paid for the father’s funeral expense, and $3850 had been used to purchase a snowmobile, a boat and trailer, and a mink stole. The balance was “apparently frittered away in one manner' or another.”1

[8]*8íh turning to the wife’s first contention we note that our rules of civil procedure no longer require the court to enter “conclusions of law” as was the former practice.2 TR. 52(A) does, however, provide that when special findings are required,

“the court . . . shall find the facts specially and state its conclusions thereon.’’ (emphasis added)

It is the stated purpose of our trial rules to secure the just, speedy and- inexpensive determination of every action. To that end TR. 52 must be construed as abolishing the old highly technical distinctions and treacherous consequences which attended the consideration of whether a “finding” was an evidentiary fact, an ultimate fact, a conclusion of fact or a conclusion of law.3

On the other hand, the purpose of special findings is to provide the parties and reviewing courts with the theory on which the judge decided the case in order that the right of review for error may be effectively preserved. Miller v. Ortman (1956), 235 Ind. 641, 136 N.E.2d 17. (See, also, the numerous decisions dealing with the necessity of findings in judicial review of administrative proceedings.) Thus, whether the findings are adequate depends upon whether they are sufficient to disclose a valid basis under the issues for the legal result reached in the judgment. In making this determination a reviewing court will accept the findings made by the trial court if they are supported by evidence of probative value. Miller v. Ortman, supra; First Nat’l Bank of Mishawaka v. Kamm (1972), 152 Ind. App. 353, 283 N.E.2d 563. Furthermore, on appeal the findings will be construed together and will be liberally con[9]*9strued In support of the. judgment. Scott v. Kell (1956), 127 Ind. App. 472, 134 N.E.2d 828, trf. den. 141 N.E.2d 406; TR. 52 (A).4

Yet where, as here, the outcome is not mandated by an established rule of law but, instead, the decision rests within the discretion of the court, we must reverse if the decision is not consistent with the findings, and conclusions or if the reasons given are insufficient as a matter of law to justify the manner in which the court exercised its discretion. The reason arises from the fact that the court does have discretion. If the reason given by the court is not a valid basis for a particular exercise of discretion, it can be no more than conjecture on our part that once the court recognizes the invalidity of its original reason it will reach precisely the same exercise of discretion for other reasons. Our Supreme Court recently so held in City of Elkhart v. Middleton (1976), 265 Ind. 514, 356 N.E.2d 207. Similarly, if the findings and conclusions entered by the court, when construed most favorably toward the judgment, are nevertheless clearly inconsistent with it, the decision must be set aside regardless of whether there was evidence adduced at trial'which would have been sufficient to sustain the decision. To hold otherwise would negate the primary purpose of special findings. • -

The statute governing distribution of property upon a marriage dissolution, IC 1971, 31-1-11.5-11 provides that “the court shall divide the property of the parties, whether owned by either spouse prior to the marriage, acquired by either spouse in his or her own right after the marriage and prior to final separation of the parties, or acquired by their joint efforts, in a just and reasonable manner. . .

“In- determining what is just and reasonable the court shall consider the following factors: ’
[10]*10(a) the contribution of each spouse to the acquisition of the property, including the contribution of a spouse as homemaker;
(bj the extent to which the property was acquired by each spouse prior to the marriage or through inheritance or gift;
(c) the economic circumstances of the spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell therein for such periods as the court may deem just to the spouse having custody of any children;

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Bluebook (online)
362 N.E.2d 171, 173 Ind. App. 5, 1977 Ind. App. LEXIS 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marrage-of-miles-indctapp-1977.